Cyber offenses and POSCO Act- common but serious

Cyber offenses and POSCO Act- common but serious

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Cyber Crime or computer- oriented crime, is a crime that involves a computer and a network. The computer may have been used in a commission of a crime, or it may be the target.
POSCO- Protection of Children from Sexual Offences Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of child at every stage of the judicial process by
incorporating child- friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special courts.


In Today’s era cyber offences or computer offences rapidly increasing day by day because use of internet is increased. Because internet is the most advance mode of communication because of lots of information on one platform . These offences not only affect the mentality of youngsters, also
affect the children. Sometimes these offences also results in sexual offences.

If I talk about some recent cases then there is over 400 cyber crime cases had registered in Mumbai in Lockdown. In Bhopal there is a case in which miscreants used lockdown as an opportunity to create panic and even for personal issues. On March 19, a trader in Narsinghapur who had a dispute
with some locals was arrested after he shared on social media that two of those persons are suffering from Covid-19. There is a one more case in Bhopal, On April 5, two persons were booked in Sagar district’s Gadhakota for spreading rumours that a local leader was distributing cash, leading
to a mob outside the leader’s house. These are very small cases, in many cases we saw people many times teenagers also trapped in cyber crime and get blackmailed. Some teenagers to fulfil the demands of blackmailer find himself/ herself into a sexual harassment. Child Abuse, cyber crime in
these days are very common.


Section 7 of POSCO Act, 2012 defines sexual assault- Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent in which involves
physical contact without penetration is said to commit sexual assault.,

Section 11- A person is said to commit sexual harassment upon a child when such person with sexual intent-

a) Utters any word or makes any sound, or makes any gesture or exhibits any object or part of body shall be heard, or such gesture or object or part of body shall be seen by the child.
b) Makes a child exhibit his body or any part of his body so as it is seen by such person or any other person.
c) Shows any object to a child in any form or media for pornographic purposes. or
d) Repeatedly or constantly follows or watches or contacts a child either directly or through electronic, digital or any other mode, of any part of the body of the child or the involvement of the child in a sexual act. Or
e) Entices a child for pornographic purposes or gives gratification,

Section 12- punishment for the above said offences which may extend upto 3 years of imprisonment along with a fine.,

Section 13-the uses or involvement of a child through any medium like print, electronic, computer or any other technology for preparation, production, offering, transmitting, publishing, facilitation and distribution of pornographic material.,

Section 14-whoever uses a child or children for pornographic purposes shall be punished with imprisonment for a term which shall not be less than five years.,

Section 15- the data storage of pornographic material involving children that are used for commercial purposes. Punishment for this offence is imprisonment which may extend to 3 years or with fine or with both.,

Moreover, Section 20 says that the obligation on all the facilitator like media hostels largest hospitals club etc., to established special juvenile police unit in case if they find anyone for committing the above all the activities. Further, this Act also impose duty on central government and state government to take all the sufficient measures. To accomplish this there is National commission for protection of child rights (NCPCR) & State Commission for protection of child rights (SCPCR) . As per information provided by NCPCR complaints have been received pertaining to cybercrime violations with regard to child pornographic content deals with Information Technology(IT) Act, 2000, Section 67B specifically provides strict punishment for publishing, browsing or transmitting child pornography in electronic form.


Government has taken various steps to protect the child from sexual abuse and cyber crime for example the blocks the websites containing child sexual abuse material (CSAM) based on INTERPOL’s “worst of list” shared by CBI.


Recently a complaint filed by Rekha Sharma, chairperson of National commission of women filed a complaint against a Tiktok star , for allegedly promoting acid attacks on girls and women as revenge on Tiktok App. Government took action against the complaint and banned the Tiktok profile of Tiktok star. I know these are very small steps but very essential steps because it’s a social media platform and he have million of followers and these kind of videos put bad impact on his followers
specially on teenagers.


We can surely save ourselves, protect ourselves from these kind of crimes by just a little bit of awareness. we should teach our child the difference between good and bad touch, the difference between love and harassment. we should tell them how they can protect themselves from cyber crimes.

 

agent nor of master – servant. Neither are they in any partnership nor can they
come under the definition of parties in a contract. Then how can one be
penalised for the act of breaking norm by the other? What kind of relationship
does a shopkeeper and consumer shares? This relation is not defined in any
penal provision yet, so rather than a changed dimension, it is one of the
completely new dimension that has been seen during this lockdown after the government’s decision of penalising shopkeepers on customers fault.

Written by:- Prerna Chaubey

Pursuing B.A.LL.B. from C.C.S.U.

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